18.7.2009
EN
Official Journal of the European Union
C 167/17
Action brought on 13 May 2009 — Longevity Health Products v OHIM — Performing Science (5 HTP)
(Case T-190/09)
2009/C 167/34
Language in which the application was lodged: German
Parties
Applicant: Longevity Health Products, Inc (represented by: J. Korab, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Performing Science LLC
Forms of order sought
—
Declare the appeal of Longevity Health Products, Inc admissible,
—
Annul the decision of the Fourth Board of Appeal of 21 April 2009 and dismiss the application by Performing Science LLC that Community trade mark No 002846483 — ‘5 HTP’ be declared invalid, and
—
Order the Office for Harmonisation in the Internal Market to pay the costs.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘5 HTP’ for goods and services in Classes 5, 16 and 35 (Community trade mark No 2 846 483).
Proprietor of the Community trade mark: Longevity Health Products, Inc.
Applicant for the declaration of invalidity: Performing Science LLC.
Decision of the Cancellation Division: Application for declaration of invalidity of the trade mark concerned partially granted.
Decision of the Board of Appeal: Dismissal of the applicant’s appeal.
Pleas in law: Infringement of Article 7(1)(d) of Regulation (EC) No 40/94 (now Article 7(1)(d) of Regulation (EC) No 207/2009 (1).
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
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